Mockery of Institution of marriage by vested Interests!
Manmohan Gopal v. The State of Chhattisgarh & Another
Misc. App. 858-859/2021 In Re Crl. Appeal 85-86/2021
Disposed of by Supreme Court of India on 20.10.2023
By the Bench comprising Hon’ble Mr. Justice S Ravindra Bhat j & Hon’ble Mr. Justice Aravind Kumar J.
Background
1. The present matter is arising out of disposed of Criminal Appeal wherein Father-in-law & mother-in-law of the Respondent No.2 who were granted bail by the Apex Court for the offences under 420, 406, 468, 34, 120B of IPC.
2. The Daughter in law R-2 is seeking direction of the Apex Court to the family court of Bilaspur to decide the petition under Section 125(3) of CrPC within 6 months on the father-in-law and mother-in-law (now deceased) on the ground that she lives with her widowed mother, on whom she is dependent for expenses, including litigation expenses.
Fact
1. Manmohan Gopal – Petitioner is the father of Varun Gopal with whom marriage of R-2 was solemnized in 2012-13 at that time Varun Gopal was employed in Australia.
2. Within 2 years of marriage relationship deteriorated leading to legal proceedings.
3. Varun Gopal filed anticipatory Bail application in response to charges levied by R-2.
4. Anticipatory Bail was denied. Since than Varun Gopal neither participated in Criminal proceedings or maintenance proceedings.
5. Father-in-law & Mother-in-law also applied for anticipatory Bail
6. This Court directed them to deposit Rs.40 lakhs towards arrears of maintenance. Since money was not deposited, the anticipatory bail was not granted and they were arrested. After 10 months in custody, this court by order dated 12.07.2019 directed their release on bail.
7. In addition to Criminal Charges R-2 also filed maintenance petition before Family court Bilaspur & the Court awarded Rs.1 lakh towards interim maintenance per month.
8. Subsequently Husband filed Criminal Revision for setting aside the Interim maintenance order. It was however, dismissed in default.
9. R-2 filed petition for enhancement of interim maintenance which was enhanced to Rs.1,27,500/-.
10. According to R-2 Varun Gopal is the sole heir of the Manmohan Gopal and stands to inherit 11 shops in ancestral property.
11. Varun Gopal is settled in Australia where he obtained an ex-parte divorce decree dated 21.12.2017, by the family court of Australia & also remarried and now has two kids from his second marriage.
12. R-2 R2 has however, filed a suit for cancellation of divorce on 8.11.20215 in the family court of Bilaspur, which is pending disposal.
Submission on behalf of R-2 (Daughter-in-law)
1. The 11 shops were placed on auction thrice but it was not successful as shops were occupied by the tenant.
2. The current outstanding arrears of maintenance amounts to 1.25 Cr. Approx. (as of the order dated 02.09.21) and further asserts that all available modes for the execution of her maintenance order have been exhausted.
3. Given the situation, R2 is seeking transfer of ownership of the said shops in her name as a means to settle her outstanding maintenance arrears and future maintenance as well.
4. The details of bank accounts of the petitioners were also produced on the directions of this Court accordingly, the Petitioner -father-in-law was having 3-4 crores in his account but they have given false information in their Affidavits about them having no money.
5. Petitioner also sold matrimonial house for 2 Crore in June 2018.
6. In October 2018 mother-in-law with the interference of Mediation Centre of SC settled to give 1.29 Crore to R-2. However, no money was paid to R-2.
7. R-2 also filed Contempt Petition against the petitioner’s father-in-law & mother-in-law and they chose to go to jail instead of making payment. Hence, even after so many rounds of litigation, and after 5 years, R2 is still remediless.
Submission on behalf of the petitioner’s (Father-in-law)
1. Marriage is dissolved by decree of divorce.
2. Husband is alive.
3. Responsibility of payment is of him & not of the parents.
4. Memorandum dt. 22.10.2018 was signed by the wife for the sale of matrimonial house who is not alive as such the memorandum can’t be executed against him.
5. Petitioner submits his readiness to offer 75 Lacs in addition to 22 Lacs as one time full and final lump sum amount towards her entire claim of past, present and future, subject to the condition that all cases either criminal or civil or execution against the petitioner are withdrawn or brushed aside.
Observation of the Court
1. The present case has displayed persistent defiant conduct by Varun Gopal, and the petitioner, Mohan Gopal, who have, on one pretext or another stalled compliance with the orders of this court. It is the responsibility of Petitioner and Varun Gopal who abandoned the wife, and virtually fled to Australia liable to fulfil the payment of entire sum.
2. The documents placed on record of this court, including the affidavits filed by the petitioner, and the bank account statements, reveal that considerable amounts of money were remitted to Varun Gopal, over a period of time.
Direction of the Court
1. Six contiguous shops shall be put to sale by the Registrar of the Delhi High Court, who shall ensure that the best prices are realized.
2. The amounts realized from the sale shall be deposited in a fixed deposit receipt, initially for six months, and its interest, disbursed to the second respondent/applicant.
3. In the event of no sale, the attachment of property shall continue in favour of the applicant.
4. The attachment of rents of M/s Fitness Factory Gym & Spa shall continue, till the petitioner, and his son, Varun Gopal, pay the amount constituting the balance between the amount realized by direction (1) and Rs. 1.25 crores.
5. In the eventuality the directions are not complied within one year, the Registrar is directed to take steps, and within three months, and seek option from the applicant regarding whether she would wish the transfer of title to the said premises in her name, or its sale.
6. In the event R-2 opts for the transfer, the Registrar Delhi High Court, is directed to take all necessary steps to execute a conveyance deed (under the present directions) to that effect, the sale shall be registered by the concerned authorities, and the applicant shall be handed over symbolic possession.
7. In the event the R-2 does not seek conveyance, the Registrar shall take all necessary steps to auction the said property above, within 18 months from today.
8. All amounts realized in the process of compliance with directions shall be paid to the applicant.
9. Decree shall be drawn to the above effect. Decree shall also reflect total amount due and payable to the applicant in lieu of which sale of shops are hereby ordered.
Order
The application of R-2 was disposed of in terms of above directions.
Seema Bhatnagar
